Sonny is a middle manager with Somewell Inc. When on a business trip with other middle managers, Sonny is required to fly coach while the other middle managers fly first class. Sonny is I example of:

Illegal conduct on the part of the employer as their actions are indicative of disparate treatment

Unfair treatment on the part of the employer as their actions are indicative of disparate impact

Not unfair because the employer can site BFOQ as a defense for their decision

Not illegal because in allowing African Americans to fly first class, the employer was meeting it's Affirmative Action obligations